Just like marketing is important for any business, getting a patent registered is equally important for an invention. It helps build a sense of authenticity and gives the owner exclusive rights and legal protection. The Indian market is growing with numerous new businesses coming up with inventions thus it becomes extremely important to protect your intellectual property through a patent before anyone can steal it.
Let us understand the patent registration process in India in depth.
Just like other countries, India also follows a first-to-file system when it comes to patents. This is why it is important to obtain a patent as soon as possible. To register a patent in India, the applicant can file an application online through Indian Patent Office.
You can also apply through the PCT or Paris Convention.
There are different types of patents in India, which include utility patent and design patent. Each patent must follow these requirements:
Industrial Application: Whatever the invention is, it should have easy application in industries: can be used or made in any industry.
Novelty: Before the date of filing, the patent is not already known to the public.
Inventive: The invention should not be an obvious modification to what is already.
A lot of inventions are not eligible for a patent. These include numerical calculations or models, mental ideas or cycles, treatments essential for animals or humans, computer programs, imaginative manifestations, plans, literary, dramatic, musical or artistic works, treatments related to animals and humans, plant patents, and standards or speculations.
There are two main types of patents:
Conducting a thorough search should be one of your priorities. This will help you determine the types of patents your invention falls under and the possible rejection of applications. It is recommended to use a patent search service by an attorney or agent if you are inexperienced.
You can file the search and examination requests at the same time to speed up the process and save money.
To file for a patent application in India, the application and all of its content have to be in English or Hindi language. If the application is filed in any other language other than English or Hindi, then a translation must be provided within three months from filing. It is recommended to provide the translation at the time of filing to avoid delays. If anything is missing, the applicant is notified and given time to produce the necessary documentation.
The application must contain:
Applications in India undergo formal as well as substantive examinations. For the latter, the applicant has to request within 48 months from the priority date. The examination fee has to be timely paid for the substantive exams to avoid delays.
In case there is any issue with the application or if the examiner needs extra documentation, a notification is given to the candidate which must be responded to in due time. Failing to do so will result in the application being canceled.
If all the dues are paid and all the objections met, the application gets accepted. It gets published within 12 months of filing. The application is published for 60 days during which it can be objected/opposed by anyone.
Interested parties can file for an opposition during the time of application’s publication. If an opposition is filed, the applicant is given time to respond accordingly, failing to respond may result in the decision going against the applicant. The applicant can also appeal against the patent office’s decision in court.
If all the oppositions and objections are responded to accordingly and the decisions are in the favor of the applicant, the patent is granted, subject to registration fee.
The entire patent process takes around 4 years on average but if the legalities increase, the duration will increase as well.
The cost may vary depending on the complexity of your invention. The cost of obtaining a patent in India ranges from $250 to $1000, but can increase or decrease according to your invention and the legalities involved.
Patents in India last for 20 years. Annual maintenance of an Indian patent in force for the first 3 years should be paid after completion of the patent registration procedure before the expiry of the 2nd year from the filing date/priority date. The applicant does get a grace period of six months for the late payment but by paying additional surcharge.
Establishing authenticity through a patent is extremely important, it gives exclusivity and legal rights. It stops the copycats from hampering with your invention.
At Patent International, we provide hassle-free Patent services catered to your needs, in compliance with the international requirements and standards. Patent registration in India doesn’t have to be complicated, and that’s why Patent International is here to assist with all of your intellectual property needs.
*What to do? How to do it? When to do it? Will it work?*
If these are the questions that come to your mind when thinking of registering a Patent, you have come to the right place. We, at Patent International, answer these questions and more! Offering multiple Patent services, we guarantee client satisfaction. For expert advice and consultation, contact us now!